IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 9922 of 2023 ==============================================================

AYESHA W/O MOHAMMADBHAI KOTHARI & ORS.

Versus STATE OF GUJARAT & ORS.

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Appearance:

MR CHINTAN N DESAI(9940) for the Petitioner(s) No. 1,2,3,4,5,6,7,8,9 MR. HARDIK K CHOKSI(9964) for the Respondent(s) No. 4,5,6,7,8 MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,2,3 ==============================================================

CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI Date : 03/02/2026

ORAL ORDER

1. Heard Mr. Chintan N. Desai, learned advocate appearing for the petitioners and Mr. Jayneel Parikh, learned AGP appearing for the respondent authorities.

2. By way of the present petition, the petitioners herein are constrained to invoke Article 226 of the Constitution of India being aggrieved and dissatisfied by the impugned order dated 14.02.2023 passed by the Gujarat Revenue Tribunal (G.R.T.) in REVISION/ST/181/2022, whereby the Tribunal Rejected the petitioners application for condonation of delay of 8 months in preferring such revision application.

3. Brief facts leading to the filing of the present petition reads thus:

3.1. The father of the petitioner no. 1 namely Hasanbhai Kasambhai was an agriculturist owning land bearing 61/1 admeasuring 1 hectare 65 Are. (presently survey no. 83/2/A and 83/2/B) at Village: Talavipada, Taluka: Navapur in the year 1946-47. The father of the petitioner no. 1 died on 10.09.1967 and accordingly, the name of petitioner no. 1 and her brothers came to be mutated in the revenue records on 05.10.1967. In the year 1961, there was demarcation of the boundaries and State of Gujarat came in existence in the year 1961 and therefore the Taluka: Navapur became part of State of Maharashtra.

3.2. The petitioners and the respondent no. 4 to 8 purchased agricultural land bearing Block No. 150 vide sale deed bearing No. 742 dated 16.06.1982 and Block No. 152 vide sale deed bearing No. 921 dated 30.08.1984 at Village: Makhinga, Taluka: Palsana, District: Surat. Accordingly Entry No. 582, pursuant to Block No. 150 came to be mutated on 03.08.1982 and the same was certified on 16.12.1982 and the Entry No. 621 pursuant to Block No. 152 came to be mutated on 15.09.1984 and the same was certified on 17.10.1984.

3.3. The petitioner states that the entries were taken into suo-moto review taken by the Collector by registering Case No. RTS/REVI bearing case/palsana/regi. No. 153/93, wherein the Collector was pleased to cancel the Entry No. 621 from the revenue records and restored the original 533 & 582 dated 20.12.1979 and Entry Nos.

03.08.1982 pursuant to Block No. 152.

3.4. The petitioners challenged the order dated 17.10.1995 passed by the Collector by preferring application before the Secretary, Revenue department under Section 108(6) of the Land Revenue Rules for re-examination of the revenue entry which got registered as N.M.VI.TI/HUKAM/ST/70/1995, wherein vide order 25.11.2000 the Secretary, Revenue Department (Disputes) was pleased to quashed and set aside the order dated 17.10.1995 passed by the Collector and further remanded the matter to the Mamlatdar ALT to decide the same in accordance with section 70(A) of the Gujarat Tenancy and Agriculture Lands Act, 1948 (hereinafter referred to as Tenancy Act, 1948).

3.5. Pursuant to the remand order passed by the Secretary dated 25.11.2000, the Mamlatdar registered the case as No. RTS/GANOT/CASE 70(A)/DAVA 02/200/2002 wherein, the Mamlatdar vide its order dated 27.05.2011 partly allowed the application by holding the petitioner no. 1 as non-agriculturist of Gujarat and Abdul kadarbhai Umarbhai Pirvani as agriculturist of Gujarat.

3.6. Being aggrieved by the order dated 27.05.2011 passed by the Mamlatdar holding the petitioner as of non-agriculturist, Gujarat preferred appeal before the Deputy Collector which got registered as TENANCY/APPEAL NO.3/2015 wherein the